
CONVENTION 


BETWEEN 


THE UNITED STATES AND CHINA 


ARBITRATION 


SIGNED AT WASHINGTON, OCTOBER 8, 1908 
RATIFICATION ADVISED BY THE SENATE, DECEMBER 10, 1908 
RATIFIED BY THE PRESIDENT, MARCH I, 1909 
RATIFIED BY CHINA, FEBRUARY 12, 1909 

RATIFICATIONS EXCHANGED AT WASHINGTON, APRIL 6, 1909 
PROCLAIMED, APRIL 6. 1909 


> » 1 
> * 

* • i 


WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1909 








;.FR 31 1909 

\C» D« 






By the President of the United States of America. 

A PROCLAMATION. 

Whereas an Arbitration Convention between the United States of 
America and the Empire of China was concluded and signed by their 
respective Plenipotentiaries at Washington, on the eighth day of 
October one thousand nine hundred and eight, the original of which 
Convention, being in the English and Chinese languages, is word for 
word as follows: 

The President of the United States of America and His Majesty 
the Emperor of China, taking into consideration the fact that the 
High Contracting Parties to the Convention for the pacific settlement 
of international disputes, concluded at The Hague on the 29th July, 
1899, have reserved to themselves, by Article XIX of that Conven¬ 
tion, the right of concluding Agreements, with a view to referring to 
arbitration all questions which they shall consider possible to submit 
to such treatment, have resolved to conclude an Arbitration Con¬ 
vention between the two countries, and for that purpose have named 
as their Plenipotentiaries, that is to say: 

The President of the United States of America, Elihu Root, Sec¬ 
retary of State of the United States of America; and 

His Majesty the Emperor of China, Wu Ting-fang, Envoy Ex¬ 
traordinary and Minister Plenipotentiary to the United States of 
America, Mexico, Peru, and Cuba; 

Who, after having communicated to each other their Full Powers, 
found to be in good and due form, have agreed upon and concluded 
the following Articles:— 

Article I. 


Differences which may arise of a legal nature or relating to the 
interpretation of treaties existing between the two Contracting 
Parties, and which it may not have been possible to settle by 
diplomacy, shall be referred to the Permanent Court of Arbitration 
established at The Hague by the Convention of the 29th July, 1899, 
provided, nevertheless, that they do not affect the vital interests, 
the independence, or the honor of the two Contracting States, and 
do not concern the interests of third Parties. 

Article II. 

In each individual case the High Contracting Parties before 
appealing to the Permanent Court of Arbitration shall conclude a 
special Agreement defining clearly the matter in dispute, the scope 
of the powers of the Arbitrators, and the periods to be fixed for the 
formation of the Arbitral Tribunal and the several stages of the pio- 
cedure. It is understood that such special agreements will be made 
on the part of the United States by the President ol the Uni tec 
States by and with the advice and consent of the Senate thereon- 

( 3 ) 


4 


Article III. 

The present Convention shall remain in force for the period of 
five years from the date of the exchange of the ratifications. 

Article IV. 

The present Convention shall be ratified by the High Contracting 
Parties, and the ratifications thereof shall be exchanged at Washing¬ 
ton as soon as possible. 

In witness whereof, the respective Plenipotentiaries have signed 
the present Convention, and have thereunto affixed their seals. 

Done at the City of Washington, in duplicate, this 8th day of 
October, one thousand nine hundred and eight, corresponding to the 
14th day of the 9th month of the 34th year of Kuang Hsu. 

Elihu Root [seal] 
Wu Ting fang [seal] 

[Chinese text not printed.] 

And whereas the said Convention has been duly ratified on both 
parts and the ratifications of the two governments were exchanged 
in the City of Washington, on the sixth day of April, one thousand 
nine hundred and nine; 

Now, therefore, be it known that I, William Howard Taft, Presi¬ 
dent of the United States of America, have caused the said Conven¬ 
tion to be made public, to the end that the same and every article and 
clause thereof may be observed and fulfilled with good faith by the 
United States and the citizens thereof. 

In testimony whereof, I have hereunto set my hand and caused 
the seal of the United States to be affixed. 

Done at the City of Washington this sixth day of April in the year 
of our Lord one thousand nine hundred and nine, and of 

[seal.] the Independence of the United States of America the one 
hundred and thirty-third. 

Wm H Taft 

By the President: 

P C Knox 

Secretary of State. 


O 


LIBRARY OF CONGRESS I 

(a 038 716^321 9 





















